§ 10-67. Prior rights.

(a)

The city reserves the prior and superior right to construct, erect, install, use, operate, repair, replace, remove, relocate, regrade, widen, realign or maintain any streets and public ways or any aerial, surface or subsurface improvement, including water mains, traffic control conduits, cable and devices, sanitary or storm sewers, subways, tunnels, bridges, viaducts or any other public construction within the streets and public ways.

(b)

When the city uses its prior and superior right to the streets and public ways, a licensee shall move its property located in the streets and public ways, at its own cost, to such a location as the city directs. Notwithstanding the foregoing, if the public purpose project is paid for totally or in part by non-public funds (including non-public fund reimbursement or repayment of public funds), then a licensee's costs of moving its property shall be borne by the source of the non-public funds in the same ratio as the non-public funds bear to the total project costs.

(Ord. No. 2053, § 1, 12-8-98)